Concluding
Observations of the Committee on the Rights of the Child, Poland, U.N.
Doc. CRC/C/15/Add.31 (1995).

UNITED NATIONS
Distr.
GENERAL
CRC/C/15/Add.31
15 January 1995
Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD
Eighth session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee on the Rights of the Child:

Poland

The Committee considered the initial report of Poland (CRC/C/8/Add.11
and HRI/CORE/1/Add.25) at its 192nd to 194th meetings (CRC/C/SR.192-194),
held on 16 and 17 January 1995 and adopted [*] the following concluding
observations:

A. Introduction

1. The Committee expresses its appreciation to the State party for its
report and for engaging, through a high-ranking delegation, in a
constructive and frank dialogue with the Committee. The Committee welcomes
the written information provided by the Government of Poland in reply to
the questions set out in the list of issues (CRC/C/8/WP.4) which were
communicated to it before the session.

B. Positive aspects

2. The Committee welcomes the formal adoption of the report by the Council
of Ministers.

3. The Committee further welcomes the intention expressed by the
delegation to review the contents of the reservations and declarations made
at the moment of the ratification of the Convention with a view to
considering their possible withdrawal.

4. The Committee is encouraged by the Government's willingness to identify
and address the various problems impeding the implementation of the rights
provided for in the Convention and to seek appropriate solutions,
particularly in the area of child health care.

5. The Committee welcomes measures adopted by the Government to promote
awareness of children's rights. It also welcomes the publication of the
text of the Convention by the Polish Committee for UNICEF and the Committee
for the Protection of Children's Rights, as well as the organization of
several workshops and seminars. It is encouraged by steps taken with regard
to the training of teachers in the rights and principles of the Convention
as well as similar activities undertaken for the benefit of judges.

6. The Committee notes with appreciation the activities undertaken by the
Commissioner for Civil Rights and the recent decision to re-establish the
Office of the Government Plenipotentiary for Women and Family Affairs for
the protection of human rights and fundamental freedoms, including
children's rights.

7. The Committee appreciates that Poland, despite its present financial
difficulties, is participating in international cooperation activities,
including in the area of education of students from developing countries.

8. The Committee recognizes the importance accorded by the State party, at
a time of critical political and economic change in the country, to
introducing positive changes for the benefit of children and to pursue
policies that take into account the needs of children. In that connection,
it particularly welcomes the assurances given by the delegation that the
Committee's concluding observations will be brought to the attention of the
Council of Ministers for appropriate action.

C. Factors and difficulties impeding the implementation of the Convention

9. The Committee notes the difficulties facing Poland in the present
period of political transition and in a climate of social change and deep
economic crisis. It notes that the situation of many children is affected
by growing poverty and increasing unemployment.

10. The Committee also notes the difficulties which have been caused by
prejudices, intolerance and other social attitudes in contradiction with the general principles of the Convention.

D. Principal subjects of concern

11. The Committee is worried about the impact on children of the difficult
economic situation prevailing in the country. In this connection, the
Committee is particularly concerned as to whether appropriate measures have
been undertaken to protect children, particularly those belonging to the
most vulnerable groups, from being the victims of economic reform, in the
light of articles 3 and 4 of the Convention.

12. The Committee is concerned that traditional attitudes still prevailing
in the country may not be conducive to the realization of the general
principles of the Convention, including, in particular, article 2 (principle
of non-discrimination), article 3 (principle of the best interest of the
child) and article 12 (respect for the views of the child).

13. The Committee is concerned about the insufficient steps taken in the
framework of legal reform to bring existing legislation into full conformity
with the Convention, including in the light of the general principles of the
Convention, as in the case of minimum age for marriage, family law and in
the area of juvenile justice.

14. The Committee is concerned at the insufficient coordination between the
various ministries, as well as between central authorities and regional and
local authorities, in the implementation of policies for the promotion and
protection of the rights of the child.

15. The Committee expresses its concern at the lack of a systematic
monitoring mechanism in the field of the rights of the child as well as at
the lack of a comprehensive system of data gathering on the situation of
children, which results in an inability adequately to overcome the
prevailing economic and social disparities in the implementation of the
Convention.

16. The Committee regrets that a national strategy in the field of the
rights of the child has not yet been adopted and that specific programmes
aiming at protecting vulnerable children, including through the adoption of
a National Plan of Action, with a view to ensuring that safety nets are in
place to prevent a deterioration of their rights, have not yet been
established.

17. The Committee is concerned at the insufficient awareness in various
sectors of the population of the principles and provisions of the
Convention. In this regard, it is also concerned that society is not
sufficiently sensitive to the needs and situation of particularly vulnerable
children such as children infected with HIV or AIDS and Roma children. The
Committee is concerned about the lack of adequate training given to
professional groups, in particular social workers, law enforcement officials
and judicial personnel, on the principles and provisions of the Convention.

18. The Committee regrets that appropriate measures have not yet been taken
to effectively prevent and combat corporal punishment and ill-treatment of
children in schools or in institutions where children may be placed. The
Committee is also preoccupied by the existence on a large scale of child
abuse and violence within the family and the insufficient protection
afforded by the existing legislation in that regard.

19. The situation
in relation to the administration of juvenile justice and in particular its
compatibility with articles 37 and 40 of the Convention as
well as other relevant standards such as the Beijing Rules, the Riyadh
Guidelines and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty is a matter of concern to the Committee. In that
regard, the Committee deplores the provisions relating to "juvenile
demoralization" which do not appear to be compatible with the Convention.

20. The Committee notes with concern the growing use and involvement of
children in criminal activities and the vulnerability of children to sexual
abuse, drug abuse, alcoholism, as well as torture and ill-treatment.

E. Suggestions and recommendations

21. The Committee encourages the Government of Poland to consider the
possibility of reviewing its reservations, as well as the declaration made
in relation to the exercise of the rights defined in articles 12 to 16, with
a view to withdrawing them.

22. The Committee recommends that the State party strengthen the
coordination between the different governmental mechanisms involved in human
rights and children's rights, at both the national and local levels, and
ensure closer cooperation with non-governmental organizations with a view to
developing a comprehensive policy on children and ensuring an effective
evaluation of the implementation of the Convention on the Rights of the
Child in the country. In this regard, the Committee suggests that
consideration be given to strengthening the powers and responsibilities
currently held by the Commissioner for Civil Rights and the recently
re-established Office of the Government Plenipotentiary for Women and Family
Affairs.

23. The Committee further recommends that the State party undertake to
gather all the necessary information on the situation of children in the
various areas covered by the Convention, including in relation to those
children belonging to the most vulnerable groups. It also suggests that a
multidisciplinary monitoring system be established to assess the progress
achieved and the difficulties encountered in the realization of the rights
recognized by the Convention at the central, regional and local levels, and
in particular to monitor regularly the effects of economic change on
children. Such a monitoring system should enable the State party to shape
appropriate policies and to combat prevailing disparities and traditional
prejudices.

24. The Committee encourages the Government of Poland to pay particular
attention to the full implementation of article 4 of the Convention and to
ensure a judicious distribution of the resources at the central, regional
and local levels. Budget allocations for the implementation of economic,
social and cultural rights should be ensured to the maximum extent of
available resources and in the light of the best interests of the child.

25. The Committee further encourages the Government to give consideration
to the adoption of a National Plan of Action in the field of the rights of
the child and to develop specific programmes aiming at protecting children
and at ensuring that safety nets are established to prevent a deterioration
of their rights in the context of economic transition.

26. The Committee is of the opinion that greater efforts are required to
make the provisions and principles of the Convention widely known and
understood by adults and children alike, in the light of article 42 of the
Convention.

27. Further measures should also be taken to prevent a rise in
discriminatory attitudes or prejudices towards vulnerable children,
particularly Roma children and children infected by HIV/AIDS, in the light
of article 2 of the Convention.

28. The Committee recommends that periodic training programmes on the
rights of the child be organized for professional groups working with or for
children, including teachers, law enforcement officials and judges, and that
human rights and children's rights be included in their training curricula.

29. The Committee suggests that the State party pursue its legal reform
with a view to ensuring the full conformity of its national legislation with
the provisions of the Convention on the Rights of the Child and to clearly
reflecting its general principles, including on non-discrimination, best
interests of the child and respect for the views of the child. In this
regard, the Committee recommends that the 1968 Family Code be reviewed and
that the safeguards currently in force in cases of intercountry adoption be
improved. In this connection, the Committee encourages the Government of
Poland to consider ratifying the Hague Convention on Protection of Children
and Cooperation in respect of Intercounty Adoption.

30. The Committee further suggests that the clear prohibition of torture or
other cruel, inhuman or degrading treatment or punishment, as well as the
ban on corporal punishment in the family, be reflected in the national
legislation. In this field, the Committee also suggests the development of
procedures and mechanisms to monitor complaints of maltreatment and cruelty
within or outside the family. Moreover, special programmes should be set up
to promote physical and psychological recovery and social reintegration of
children victims of any form of neglect, abuse, exploitation, torture or
ill-treatment in an environment which fosters the health, self-respect and
dignity of the child.

31. The Committee recommends that, in the framework of its legal reform,
the Government envisage addressing the situation of unaccompanied children
and children having been refused refugee status and awaiting deportation in
the light of the provisions and principles of the Convention on the Rights
of the Child. In this connection, the Committee encourages the State party
to consider seeking technical assistance from UNHCR.

32. In the
field of the administration of juvenile justice, the Committee suggests that
a comprehensive reform be undertaken and that the Convention
on the Rights of the Child, in particular articles 37, 39 and 40, and other
relevant international standards in this field, such as the Beijing Rules,
the Riyadh Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty be seen as a guide in this revision.
Particular attention should be paid to the prevention of juvenile
delinquency, the protection of the rights of children deprived of liberty,
as well as respect for fundamental rights and legal safeguards in all
aspects of the juvenile justice system, including under the pretext of
public assistance. Training programmes on the relevant international
standards should be organized for all those professionals involved with the
system of juvenile justice, in particular judges, law enforcement officials,
correctional officers and social workers. The Committee recommends that
technical assistance in this area be sought from the Centre for Human Rights
and the Crime Prevention and Criminal Justice Branch.

33. The Committee considers that greater efforts should be made to provide
family education and to develop awareness of the role of the family in
society and of the equal responsibilities of parents. Further steps should
be taken to strengthen the system of assistance to both parents in the
performance of their child-rearing responsibilities, in particular in the
light of articles 18 and 27 of the Convention. It is further suggested that
the problem of single parenthood be studied and that relevant programmes be
established to meet the particular needs of single parents.

34. The Committee encourages the State party to address the situation of
children in institutions, with a view to envisaging and making available
possible alternatives to institutional care and to establishing effective
monitoring mechanisms of the realization of the rights of the child placed
in an institution.

35. The Committee encourages the State party to seek international
technical assistance and advice from, among others, the Centre for Human
Rights and UNICEF, in its efforts to implement the Convention and, in
particular, to harmonize national legislation with the Convention, develop a
coordinating and monitoring mechanism on children's rights and adopt a
comprehensive social policy identifying the rights of the child as a clear
priority.

36. Finally, the Committee recommends that, in the light of article 44,
paragraph 6, of the Convention, the report submitted by the Government be
made widely available to the public at large and that the publication of the
report be considered, along with the relevant summary records and the
concluding observations adopted thereon by the Committee.